A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On October 19, 2007, the Defendant issued a summary order of KRW 500,000 as a crime of violation of the Road Traffic Act at the Gwangju District Court, and on April 30, 2008, issued a summary order of KRW 1.5 million as a crime of violation of the Road Traffic Act at the Gwangju District Court.

【Criminal Facts】

On June 24, 2019, at around 14:02, the Defendant driven a DNA-learning car from the front side of the house located in the Jeonnam-gun B to the front side of the Gwangju Mine-gu, Seoul, while under the influence of alcohol of 0.094% of alcohol concentration.

Accordingly, the Defendant again driven a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act as a person who violated Article 44(1) of the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous convictions in judgment: Application of investigation reports (limited to criminal records of the same kind and attachment of judgment);

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The sentencing of Article 62-2 of the Criminal Act requires the following comprehensive consideration of the criminal records of the defendant, the nature and risk of the crime of this case, the background of the crime, the degree of the principal offense, the family relationship, the health condition of the defendant, and the possibility of recidivism, and other various sentencing conditions specified in the records and arguments of this case.